People v. New York & Staten Island Ferry Co.
New York Supreme Court
Appeal from a judgment entered upon tbe findings of the court upon trial at Special Term, in an action commenced by the people to compel the defendant to remove a pier, or dock which it had erected, from the Staten Island shore into the bay of New York, upon the grounds: 1st. That the pier did not leave an intervening space of at least “ one hundred feet ” between it and an adjoining pier upon the south, as required by section 2 of chapter 763 of the Laws of 1857. And, 2d.
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Appeal from a judgment entered upon tbe findings of the court upon trial at Special Term, in an action commenced by the people to compel the defendant to remove a pier, or dock which it had erected, from the Staten Island shore into the bay of New York, upon the grounds: 1st. That the pier did not leave an intervening space of at least “ one hundred feet ” between it and an adjoining pier upon the south, as required by section 2 of chapter 763 of the Laws of 1857. And, 2d. Because a portion of said pier, upon which is erected a building used by a yacht club, extends into the harbor or bay…
1Opinion of the Court
Davis, P. J.:
The learned judge before whom the case was tried at Special Term examined all its meritorious questions, in an elaborate and able opinion. A careful examination on our part leads us to the same conclusions at which he arrived, and we therefore adopt his opinion as our own. The opinion is as follows:
“ Westbrook, J. This is an action commenced by the people to compel the defendant to remove a pier or dock, which it has erected from the Staten Island shore into the bay of New York, upon the grounds: 1st. That the pier does not leave an intervening space of at least “ one hundred…
2Cases cited7 opinions
- Martin v. Lessee of WaddellSupreme Court of the United States · 1842
- Rogers v. JonesNew York Supreme Court · 1828
- The People v. . VanderbiltNew York Court of Appeals · 1863
- Gould v. . Hudson River Railroad CompanyNew York Court of Appeals · 1852
- Sharp v. Mayor of New YorkNew York Supreme Court · 1860
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